When there is no lease, how much notice should a landlord give a tenant notification that they must leave?

Question

When there is no lease, how much notice should a landlord give a tenant notification that they must vacate a building? The tenant has been in this building for about 6 years but never wanted to sign a lease. I now have another company that wants to move in which will work out better for us in the long term.

Answer 1

If there is no lease, the "default" is that you have a month-to-month tenancy. That means landlord has to give you 30 days to leave, and you have to give him 30 days as well (if you want your security deposit back). I'm pretty sure that's true in every state.

Answer 2

Even without a written lease contract, the tenant has rights. Verbal agreements can be enforced; but, may be difficult to prove. Standard notice would probably be 30 days; however, you may encounter bigger problems if they don't agree to leave on your terms. Eviction processes can be costly and time consuming. Check with your local Housing Authority (the phone call will be free vs. contacting a lawyer) and ask what landlord/tenant laws may govern your decision keeping in mind that there is no written contract, only verbal. Your tenants may put up a fight if they have been there 6 years and refused to execute a lease agreement. You may need to put them on written notice, indicating that the term of the lease is month-to-month (you can pick up standard lease agreements at a local stationery store) and that by not signing the agreement, they are not exempt from its provisions. If you accept rent from the tenant for another month, you are pretty much agreeing to letting them stay another month. That would be the expectation that you set up. Anyhow, get the facts on the laws that apply to you locally by making some phone calls. Find out what your options are if they don't move willingly. Also find out what their recourses may be and prepared to fight if you must. You must be informed to make the proper decisions.

Answer 3

No you are able to't basically keep it. You ordinary it as a deposit adverse to the performance of particular issues (often protecting the position sparkling and leaving it sparkling and paying the basically accurate month's lease...etc) You owe the tenant an in intensity accounting of the position her deposit (plus pastime if it really is needed) went. In some states you owe it to her interior a particular era of time. Now i'm particular you prepared that precis and mailed it to her at her very last commonplace cope with (yours) accurate? So if she did not receive it because she did not grant a forwarding cope with that couldn't thoroughly your fault. Likewise, you heavily inspected and documented any damage and necessary upkeep THAT were THE duty OF THE TENANT so that you'll be able to take that with you to court docket. yet, you are able to't basically pocket the money and attempt to call it even without giving her be conscious. in case you lost apartment income because of her short be conscious and if the deposit become also held adverse to that then you definitely may also take a credit for that adverse to her deposit... ultimately.. if her money owed exceed her credit ($four hundred) i'm particular you've remembered that you are able to also report a counter experience in that volume which will be heard by way of an identical choose on an identical day and on her filing fee... accurate? basically be sure you meet the filing criteria and substances her criminal service. .

Answer 4

A landlord should give at least 60 days notice to the tenant, as this is what the tenant would give the landlord. With first and last months rent, they would pay the month then give notice that they are leaving thus giving them the last month for free, which they gave from the beginning. So I would say you should give the tenant 60 days notice to be fair, as that would be what you would expect as the landlord. Hope this helps.

Answer 5

Despite there being a lack of any type of legal agreement (which can severely hurt your chances of being reimbursed for damages incurred from these tenants) since you've been accepting payment from them, you are legally obligated to provide them with at least 30 days to move out.

If you *haven't* been accepting rent money from them, they can claim squatters rights and you may be out of luck.


PS: You don't have to obtain a court order for this. If, by the end of the 30th day after you've given the eviction notice to your tenant, they've still not vacated the premisis, you have legal authority to remove all belongings from the property and seize the premisis.

Answer 6

Re read the rental agreement that you signed with the present tenant. Most rental agreement carry the clause that says to an effect "when this agreement expire the lease shall continue on a month to month base, and can be void by either party with due notice."

Answer: 30 days.

Answer 7

That is really a state by state thing, the normis 30 day Notice to Evict, but I do not think you are being fair to the tennant. Your reasons are goofy. Tennant is good, has been for 6 years, I do not see a problem. But it is your property and you can almost do whatever you wish with it. Contact your attorney, the courts and then start procedures.

Answer 8

It is a tenant a will or month to month so 30 days notice.

Answer 9

Well, from a humanitarian point of view, I would give the person a month, with a possible extension for another 2-3 weeks if necessary. Unless they don't pay the rent, then I think you can do it immediately. Let me tell you, it is one of the WORST possible things to happen to a person to know that they could be homeless shortly. I bet it would account for many suicides!

Answer 10

In this community it is 30 days. It will cost $1500 to evict them if not out in 30 days. It might be cheaper to give them a rebate if they are out. My last landlord ( brother) paid for my moving truck.